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PERPETUAL BUILDING & LOAN ASS'N v. IRVING TRUST CO.

No. 4547.

52 F.2d 565 (1931)

PERPETUAL BUILDING & LOAN ASS'N v. IRVING TRUST CO. et al.

Circuit Court of Appeals, Third Circuit.

September 16, 1931.

Attorney(s) appearing for the Case

Robert T. McCracken, Sigmund H. Steinberg, and Lucien B. Carpenter, all of Philadelphia, Pa., for appellant.

Francis H. Bohlen, Jr., of Philadelphia, Pa., for appellee Moore.

Arthur Littleton, of Philadelphia, Pa., and William O. Robertson, of New York City, for appellee Irving Trust Co.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In disposing of this case we premise by saying that we do so without in any way qualifying or failing to recognize the controlling effect of the decision of the Supreme Court of Pennsylvania in Klaus v. Majestic, 250 Pa. 194, 95 A. 451, 459. The principal and underlying question in that case was between two mortgagees of an apartment house and lot of the debtor on the one hand, and execution creditors of the said debtor, who had no connection...

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